If I file a Motion but then also want the court to rule "in the alternative" if the Court will not grant the motion....

Asked 9 months ago - Littleton, CO

Do I include the words "In the Alternative" in the title of the Motion or do I just state in the text of the motion what i am asking for in the alternative to granting my motion. For Example, if my motion is titled MOTION FOR DEFAULT JUDGMENT but if the judge does not grant the Motion for Default on the entire complaint, I want them to grant partial default judgment on one of the Claims. Would the title of the Motion read:

MOTION FOR DEFAULT JUDGMENT, OR IN THE ALTERNATIVE MOTION FOR PARTIAL SUMMARY JUDGMENT ON CLAIM NUMBER FOUR?

Or should i just title it Motion for Default Judgment and explain the alternative request in the Motion text?

Attorney answers (1)

  1. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    Answered . In practicality, you can do it either way. I can tell you that the clerk's in the court who enter the document title would much prefer for you to just title it Motion for Default Judgment and then have you simply argue your second option in the alternative in the body of the motion.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more

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